AAA Handbook on Commercial Arbitration

AAA Handbook on Commercial Arbitration

Author: American Arbitration Association

Publisher: Juris Publishing, Inc.

Published: 2010-09-01

Total Pages: 632

ISBN-13: 1933833521

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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.


Nation-building and Identity Conflicts

Nation-building and Identity Conflicts

Author: Ariel Hernandez

Publisher: Springer

Published: 2014-07-08

Total Pages: 257

ISBN-13: 3658052155

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Ending identity conflicts through negotiated agreements is an intractable process that is embedded complexly in the nation-building process. Ariel Hernandez looks on the complexity of the nation-building process in the Philippines and how its social and political context constrains the achievement of a peace agreement that would withhold new challenges as the process unfolds. Mediation as one of the possible modes of intervention to resolve identity conflicts is taken as the self-evident instrument to end the 40 year old conflict between the Filipino society at large and the Bangsamoro. The analysis confirms that mediation and other types of intervention are contributing to the intractability of identity conflicts by bringing in further complexities in the negotiation process. The conceptualization of “stumbling blocks” may provide knowledge based resources to develop strategies to “facilitate” the mediation process that allows negotiating parties to cope with the complexity of the bargaining table.


Stress Testing the Law of the Sea

Stress Testing the Law of the Sea

Author: Stephen Minas

Publisher: BRILL

Published: 2018-09-04

Total Pages: 377

ISBN-13: 9004352929

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In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.


In the Wake of Arbitration

In the Wake of Arbitration

Author: Murray Hiebert

Publisher: Rowman & Littlefield

Published: 2017-02-01

Total Pages: 168

ISBN-13: 1442279850

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The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first opportunity to assess the results of the UN Convention on the Law of the Sea tribunal ruling and begin to measure its impact. This report contains papers by 10 of the panelists, providing a wide array of perspectives on the political, legal, military, and environmental outlook for the South China Sea in 2016.